Fisheries Declaration 2019

This declaration may be cited as the Fisheries Declaration 2019.

This declaration commences on 28 May 2019.

The dictionary in schedule 5 defines particular words used in this declaration.

A reference in this declaration to particular regulated waters by name or description is a reference to the regulated waters with that name or description under schedule 1.

Subject to subsections (1) and (2), and unless this declaration provides otherwise, terms used in it have the meaning given under the Fisheries (General) Regulation 2019.

Subsection (3) is not limited to a term defined under the Fisheries (General) Regulation 2019 but also applies to a provision of the regulation that aids the interpretation of a term mentioned in the regulation.

Note—

See, for example—

sections 14 and 15 of the regulation for the interpretation of references to periods and times; and

schedule 7 of the regulation for the interpretation of references to, or relating to, fish; and

schedule 8 of the regulation for the interpretation of references to, or relating to, waters or areas; and

schedule 9 of the regulation for the interpretation of references to, or relating to, boats; and

schedule 10 of the regulation for the interpretation of references to, or relating to, fishing apparatus.

A prohibition or restriction on the carrying out of an activity under a fisheries declaration applies to persons acting under an authority.

Note—

See also the Fisheries (General) Regulation 2019, section 29(4).

If an activity is prohibited under a fisheries declaration, the activity is prohibited even if the activity is not prohibited, or is not prohibited in the same way, under another fisheries declaration, whether of the same type or another type.

If 2 or more fisheries declarations, whether of the same type or different types, apply to the carrying out of an activity, both or all of the fisheries declarations must be complied with in relation to the carrying out of the activity.

Examples—

1 Under a regulated waters declaration, a person must not in the northern rocklobster waters take a tropical rocklobster in the regulated period from 1 October to 31 December or possess a tropical rocklobster taken in the waters in that period. Under a regulated fish declaration, a recreational fisher may take or possess a maximum of 5 tropical rocklobsters. A recreational fisher must not take tropical rocklobsters in the northern rocklobster waters between 1 October and 31 December, or possess tropical rocklobsters taken in the waters in that period, even though the recreational fisher could take or possess up to a maximum of 5 tropical rocklobsters under the regulated fish declaration.

2 Under a regulated fish declaration, a recreational fisher may take a maximum of 8 redthroat emperor. Under another regulated fish declaration, a recreational fisher may take a maximum of 20 regulated coral reef fin fish. A recreational fisher takes 17 regulated coral reef fin fish, consisting of 7 regulated coral trout and 10 hussar, and intends to take redthroat emperor. To comply with both declarations, the recreational fisher may take a maximum of 3 redthroat emperor.

For a fisheries declaration, a person takes a particular quantity of fish only if, at any given time, the person possesses that quantity of fish that the person has taken.

This chapter provides for regulated waters declarations under sections 33 and 35 of the Act.

Part 2 declares particular waters to be regulated waters.

Parts 3 to 13 regulate the carrying out of particular activities in the regulated waters.

This section applies if a regulated waters declaration states a period in which an activity is regulated in stated regulated waters.

The activity is regulated in the stated regulated waters under the regulated waters declaration only in the stated period.

This section applies if—

an activity is regulated in stated regulated waters under a regulated waters declaration; and

the declaration does not state a particular period in which the activity is regulated in the waters.

The activity is regulated in the regulated waters at all times.

The chief executive may prepare a fisheries regulated waters plan for this chapter.

A fisheries regulated water plan is—

held by the chief executive; and

identified by the prefix ‘FRW’ followed by the plan number.

Example—

‘FRW-303’

Copies of fisheries regulated waters plans are—

available for inspection, free of charge, during office hours on business days at the department’s head office; and

published on the department’s website.

Each of the waters described in schedule 1, column 2—

is declared to be regulated waters; and

has the name set out opposite it in column 1 of the schedule.

The regulated waters in schedule 1, part 1 are named by reference to particular fish, the taking or possession of which is regulated in the waters.

The regulated waters in schedule 1, part 2 are—

named by reference to their location; and

listed in approximate order of their location going from the State’s border with New South Wales to the State’s border with the Northern Territory.

Notes—

1 To help users of this declaration, indicative plans of particular regulated waters are published on the department’s website.

2 The indicative plans are not applied, adopted or incorporated by this declaration.

This section applies for identifying waters that form part of regulated waters that are declared by reference to waters shown as regulated waters on a fisheries regulated waters plan.

Waters shown within the boundary lines on the fisheries regulated waters plan are part of the regulated waters.

However, if the fisheries regulated waters plan shows that waters within a particular boundary are excluded from the regulated waters shown on the plan, those waters are not part of the regulated waters.

If the fisheries regulated waters plan shows a boundary by reference to a geographical feature or fixed structure—

the boundary is decided by reference to the feature or structure; and

to the extent the boundary is decided by reference to the feature or structure, a line in relation to the boundary shown on the plan is only indicative of the current position of the boundary.

Example—

Regulated waters are shown on a fisheries regulated waters plan by reference to a shoreline. Rough weather alters the location of parts of the shoreline. The boundary of the regulated waters is decided by reference to the shoreline as altered, despite any inconsistency with the location of the shoreline as shown on the plan.

Also, if the fisheries regulated waters plan shows a boundary with a gap in it, the boundary continues in a straight line across the gap to the nearest point of the boundary on the other side of the gap.

A person must not carry out an activity in regulated waters that is prohibited under parts 4 to 12.

Note—

The provisions under which activities in particular regulated waters are regulated are stated opposite the waters in schedule 1, column 3.

Subsection (1) does not apply to a person carrying out an activity that is permitted under part 13.